Terms of Service | Octopus Genie

Last Updated: May 5, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Octopus Genie, Inc. ("Octopus Genie," "we," "our," or "us") governing your access to and use of the Octopus Genie website, mobile applications, and delivery partnership services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

Octopus Genie provides a delivery partnership service that connects restaurants with a network of professional drivers to fulfill delivery orders received through third-party platforms. Our Service includes technology integration, driver management, and delivery logistics to help restaurants reduce delivery costs and improve customer satisfaction.

3. Eligibility

To use our Service, you must:

Be at least 18 years of age
Be authorized to act on behalf of the restaurant you represent
Have the legal authority to enter into binding contracts
Comply with these Terms and all applicable laws and regulations

4. Account Registration

To access certain features of the Service, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.

5. Restaurant Obligations

As a restaurant partner, you agree to:

Provide accurate and complete information about your restaurant, menu, pricing, and operating hours
Prepare orders in a timely manner and have them ready for pickup by our drivers
Maintain high standards of food quality, safety, and packaging
Comply with all applicable laws and regulations, including health and safety standards
Notify us promptly of any changes to your menu, pricing, hours, or other relevant information
Cooperate with our drivers and staff to ensure smooth delivery operations
Maintain all necessary licenses, permits, and insurance required to operate your restaurant

6. Fees and Payment

By using our Service, you agree to pay all applicable fees as described in your service agreement. Fees may vary based on your specific arrangement with Octopus Genie and may include commission fees, subscription fees, or other charges.

You authorize us to charge the payment method you provide for all applicable fees. All fees are non-refundable unless otherwise specified in your service agreement or required by law.

7. Term and Termination

These Terms will remain in effect until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Service and closing your account, subject to any contractual obligations in your service agreement.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Octopus Genie and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Octopus Genie.

9. User Content

You retain all rights to any content you submit, post, or display on or through the Service ("User Content"). By providing User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and promoting the Service.

You represent and warrant that: (i) you own the User Content or have the right to use and grant us the rights and license as provided in these Terms, and (ii) the User Content does not violate the rights of any third party, including intellectual property rights and privacy rights.

10. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Using the Service for any illegal purpose or in violation of any local, state, national, or international law
Violating or infringing upon the rights of others, including intellectual property rights
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure
Uploading or transmitting viruses, malware, or other malicious code
Using the Service to send unsolicited communications, promotions, or advertisements
Impersonating another person or entity or misrepresenting your affiliation with a person or entity
Interfering with or disrupting the Service or servers or networks connected to the Service

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

OCTOPUS GENIE, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOPUS GENIE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL OCTOPUS GENIE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO OCTOPUS GENIE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Octopus Genie, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Waiver

The failure of Octopus Genie to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Octopus Genie.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

19. Entire Agreement

These Terms, together with any service agreements or other legal documents that expressly refer to these Terms, constitute the entire agreement between you and Octopus Genie regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Octopus Genie
Phone: (833) 737-2224
Email: info@octopusgenie.com
Address: 123 Delivery Lane, Suite 500, San Francisco, CA 94107